Force majeure provisions are often overlooked by both parties when entering into a supply contract. Often, the force majeure provision is merely a “cut and a paste” from previous agreements, without any concern for the circumstances that may apply to the supplier, that are outside the seller`s control area and which would effectively prevent the delivery. Or what rights the buyer should have if the supplier declares force majeure. In view of the recent trade war and the resulting tariffs, the parties now view their force majeure provisions as a possible means of facilitating prices. However, a force majeure situation must prevent performance and not just increase performance. 4.2 All SCM agreements, offers and/or offers and course registrations are subject to these conditions for participants, in addition to the general provisions. Contract: the agreement by which a client gives the SCM a mission to provide a course, prepare and provide training materials in any form and/or provide other services, such as advice, secondments and audits, in the broadest sense. 5. Guarantees and disclaimers – Guarantees are promises made by a seller with respect to the goods or services made available to the buyer. Supply chain contracts generally have explicit guarantees. In addition, the UCC may provide a series of unspoken guarantees that are considered part of the contract, unless they are not used.
The best-known examples of unspoken guarantees are: the tacit guarantee of a specific purpose and the implicit guarantee of market continuity under the UCC. Other unspoken safeguards may also apply depending on the purpose of the contract and the legislation in force. Please provide detailed information on both parties. A properly drafted supply chain contract must provide all relevant information on all parties involved. Think about issues related to the political and economic climate, transportation, product extent, geography and anything that can have a negative impact on supply chain efficiency.